In South Australia, residential rental agreements are governed by the Residential Tenancies Act 1995 (SA) (effective 1 December 1995). While oral agreements are recognised, using a written agreement based on the prescribed form is essential for protecting both parties.

The Prescribed Form

Consumer and Business Services (CBS) publishes a standard prescribed tenancy agreement form for South Australia. Using this form is highly recommended, as it incorporates all mandatory clauses and complies with the Act automatically.

Any terms in a tenancy agreement that contradict the rights and protections under the Residential Tenancies Act are void and unenforceable, regardless of what the tenant agreed to sign.

Fixed-Term vs. Periodic Tenancies

Essential Clauses

A comprehensive SA residential tenancy agreement should contain:

1. Names and Contact Details: Full legal names of all tenants, the landlord, and any property manager.
2. Property Address: The exact address of the rental premises.
3. Rent Amount and Payment: The amount, how it is to be paid (e.g., bank transfer), and its due date (e.g., fortnightly or monthly).
4. Bond Amount: The exact amount, which must not exceed the statutory maximum.

5. Term: The start date and end date (for fixed-term) or a statement that it is a periodic tenancy.
6. Rent Increase Clause (for Fixed-Term): If desired, must specify the calculation method (e.g., CPI or a fixed percentage).

Prohibited Clauses

The following common clauses are void and unenforceable in SA residential tenancies:

• Waiver of Rights: A tenant cannot agree to waive any right or remedy provided by the Act.
• Excessive Bond: Any clause requiring a bond exceeding the statutory maximum (4 or 6 weeks' rent).
• No-Cause Termination by Landlord: Since July 2024, any clause allowing a landlord to terminate without a prescribed reason is void.
• Penalty Clauses: Clauses that impose disproportionate penalties on a tenant for a minor breach.

Pet Approvals

Since July 2024, landlords in South Australia cannot unreasonably refuse a tenant's written request to keep a pet. You must respond to an application in writing within 14 days. If you don't, the request is automatically approved. You can impose reasonable conditions (like requiring professional carpet cleaning at the end of the lease or specifying the pet must stay outside), but you can't charge extra "pet rent" or a separate pet bond.

Best Practices for SA Landlords

• Always Use the Prescribed Form: Using the CBS standard form protects you from accidentally including a void clause and strengthens your position at SACAT if a dispute arises.
• Attach the Condition Report: Staple or digitally attach the condition report to the tenancy agreement so it forms part of the complete tenancy record.

How Landager Can Help

Landager ensures your SA leases are always compliant. Our digital leasing platform uses state-specific templates that automatically incorporate all mandatory clauses and prevent the inclusion of prohibited terms. All documents are signed electronically and stored securely in the cloud.

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